Simpson v. USA
| Christopher Simpson |
| USA |
| 4:2016cv01366 |
| August 24, 2016 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - City |
| E. Richard Webber |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing
7
MEMORANDUM AND ORDER - Accordingly, for the reasons stated above and in light of the circumstances of Movant's near completion of the original judgment, it is ORDERED that: 1. The Motion to Correct Sentence under 28 U.S.C. §2255 (Doc. 1) i s GRANTED; 2. The sentence imposed on September 28, 2010, is vacated;3. Movant has filed a waiver of appearance at resentencing. A modified sentence andjudgment whereby Movant will be sentenced, in Case No. 4:09CR00120 ERW, to 78 months on count I, to be followed by three years of supervised release, subject to reconsideration for early release, will be entered contemporaneously with this order. Signed by District Judge E. Richard Webber on October 27, 2016. (MCB)
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Filing
2
MEMORANDUM AND ORDER - Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall notify the United States Probation Office of movants § 2255 motion to vacate and that it is brought pursuant to the Supreme Court case of Johnson v. United States,135 S.Ct. 2551 (2015). IT IS FURTHER ORDERED that, within a reasonable time, and in its usual course of business, the United States Probation Office shall prepare and file in movant's criminal case a new Resentence Report relative to m ovant's contentions under Johnson, which shall be filed under seal, with access to the Court and the parties who have entered their appearance in this matter. IT IS FURTHER ORDERED that within fourteen (14) days of the filing of the Probation Office's Disclosure Copy of the Resentence Report, the parties shall file, in movant's criminal case, simultaneous objections to the Resentence Report or statements that they have no objection. Within seven (7) days of such time, the United States Probation Office shall file a final copy of the Resentence Report in movant's criminal case. IT IS FURTHER ORDERED that within fourteen (14) days of the filing of the Final Resentence Report by the Probation Office in the crimin al case, the Government shall file its response to movant's motion to vacate in this case.IT IS FURTHER ORDERED that any reply to the Government's response to the motion to vacate shall be filed, in this case, no later than fourteen (14) days from the date the response is filed. Signed by District Judge E. Richard Webber on August 25, 2016. (MCB)
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